Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 29.11.2010, Annexure P1, vide which defence of Petitioner -Defendant No. 3 has been struck off.
(2.) I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court. Brief facts relevant for the decision of present revision petition are that a suit for recovery was filed by Respondent No. 1 -Plaintiff against Respondent Nos. 2 to 4 -Defendant Nos. 1, 2, 4 and present Petitioner -Defendant No. 3. Present Petitioner has been impleaded being employee of Respondent -Defendant -Bank. Several opportunities were granted by learned trial Court to Petitioner -Defendant No. 3 to file written statement and however, when he failed to file written statement, the impugned order, dated 29.11.2010 was passed, relevant part of which reads as under: Written statement on behalf of Defendant No. 4 filed. Copy supplied. Costs of Rs. 200/ - paid. Today case was fixed for filing the written statement by Defendant No. 3 as last opportunity with cost of Rs. 200/ -. But neither the Defendant No. 3 has filed the written statement nor he has paid cost despite availing last three opportunities. Hence, the defence of the Defendant No. 3 is hereby ordered to be struck off....
(3.) IT has been contended by learned Counsel for Petitioner -Defendant No. 3 that he be granted one opportunity to file written statement without specifying the reason as to why written statement was not filed earlier, even after availing three last opportunities, as has been observed by learned trial Court in the impugned order. He has also failed to satisfy this Court as to when he was served in this case and how much time he has taken for not filing the written statement.;